| Pell v The Queen | |
|---|---|
 | |
| Court | High Court of Australia |
| Full case name | Pell v The Queen [2020] HCA 12 |
| Case history | |
| Appealed from | Pell v The Queen [2019] VSCA 186 |
| Court membership | |
| Judges sitting | Kiefel CJ , Gageler, Bell, Keane Nettle, Gordon and Edelman JJ |
Pell v The Queen was a High Court of Australia decision that overturned the conviction of Cardinal George Pell for sexual offences against a child. On 22 June 2017, Victoria Police announced Pell's arrest for historical sexual assault charges on two choirboys at St Patrick's Cathedral in Melbourne. The allegations stemmed from Pell's time spent as Archbishop of Melbourne, and pertained to two anonymous victims referred to throughout the court process as victim A and victim B. B died before any allegation was reported to police. Pell was tried twice in the County Court of Victoria.
During the County Court trials, Pell pleaded not guilty to all charges. The prosecution alleged he assaulted the victims in the church sacristy and through his choir robes. As the primary evidence in the case was the testimony of A, a key issue in the case was his reliability and credibility. The defence team argued the offence was highly improbable, given the church's layout and number of church attendees. Pell was found guilty by the second jury of sexually penetrating and acting indecently with a child under the age of 16. Pell's appeal of the conviction to the Victorian Supreme Court of Appeal challenged the reasonableness of the conviction. The appeal was dismissed by Chief Justice Ferguson and Justice Maxwell.
The High Court of Australia, the highest court of Australia's legal hierarchy, unanimously overturned the conviction and acquitted Pell. The High Court found there was a significant chance Pell was innocent because the evidence used to convict him did not establish his guilt to the required standard of proof.
Following Pell's release from Barwon Prison on 7 April 2020, there were various reactions. Pope Francis welcomed the decision, Pell maintained his innocence, and the accusers and their families expressed disappointment. Legal experts expressed countering views, with some defending the decision, and others highlighting concerns about judicial discretion and public access to the case as it was underway.